Last verified: April 2026
Biden's Presidential Pardons
Proclamation 10467: First Cannabis Pardon
President Biden issued a "full, complete, and unconditional pardon" for all persons convicted of simple possession under 21 USC §844 or DC Code §48-904.01(d)(1) on or before October 6, 2022. The pardon applied to 6,557 U.S. citizens. It covered only simple possession — not distribution, trafficking, or any other cannabis offense. It released zero people from federal prison, because no one was serving a federal sentence solely for simple possession at the time. Critically, the pardon did not expunge any records.
Proclamation 10688: Expanded Pardon
Biden expanded the earlier pardon to include attempted simple possession, simple marijuana use, and offenses committed on federal lands. This reached additional individuals whose records fell through the cracks of the first proclamation.
Largest Single-Day Clemency in U.S. History
Biden commuted approximately 2,500 non-violent drug sentences — the largest single-day clemency action in American history. At least 9 Last Prisoner Project cannabis constituents were included, collectively saving 53 years plus 2 life sentences. Unlike the pardons, these commutations reduced actual prison time for people behind bars.
The Trump Administration
The pardons issued by Biden are irrevocable — a subsequent president cannot undo a pardon. However, the Trump administration has moved federal cannabis policy in a different direction.
On September 29, 2025, the Department of Justice rescinded Biden-era prosecution guidance that had deprioritized cannabis enforcement. Wyoming U.S. Attorney Eric Smith publicly stated his office would "rigorously" prosecute federal cannabis offenses.
On December 18, 2025, Trump signed Executive Order 14370 directing completion of the marijuana rescheduling process. However, as of April 2026, the DEA has taken no steps to implement rescheduling.
Even if marijuana is rescheduled from Schedule I to Schedule III, it would not legalize marijuana, would not retroactively void existing convictions, and would not trigger any expungement. Schedule III substances (like ketamine and testosterone) remain federally controlled and their unauthorized possession is still a crime.
Federal Expungement: Extremely Limited
Federal law provides almost no path to expungement for cannabis offenses. The only statutory mechanism is the First Offender Act (18 USC §3607), which allows expungement for individuals who:
- Were under 21 at the time of the offense
- Committed a first-time simple possession offense
- Successfully completed the court's probation requirements
This provision is narrow and does not apply to the vast majority of people with federal cannabis convictions.
Can a Pardon Lead to Expungement?
In December 2024, the Fifth Circuit ruled in US v. Corkern that presidential pardons do not create federal court jurisdiction for expungement. In other words, receiving a Biden cannabis pardon does not give you the legal right to then petition a federal court to expunge the underlying record. The pardon forgives; it does not erase.
Stalled Legislation
Two federal bills would address cannabis expungement if passed:
- MORE Act (HR 5068) — introduced by Rep. Jerry Nadler, would deschedule marijuana and create a federal expungement pathway
- Clean Slate Act of 2025 (S. 1580) — co-sponsored by Rep. Lisa Blunt Rochester and Sen. Rand Paul, would create automatic federal record sealing for non-violent drug offenses
Both bills have been introduced but neither has advanced through committee as of April 2026. The bipartisan sponsorship of the Clean Slate Act (Democratic and Republican co-sponsors) is notable, but federal cannabis reform has stalled repeatedly in Congress.
What This Means for You
If you have a federal cannabis conviction, your options as of April 2026 are limited to: (1) the Biden pardons (if your offense qualifies), (2) the First Offender Act (if you were under 21), or (3) individual clemency petitions to the President. There is currently no general federal expungement pathway for cannabis offenses, and none appears imminent.
If your conviction is state-level, your options are significantly better. See our step-by-step guide for the state expungement process.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org